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TMI Blog2006 (1) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Court and restore the order of the trial court, acquitting the appellant of the charge. - Appeal (crl.) 186 of 2000 - - - Dated:- 4-1-2006 - S B Sinha and R V Raveendran, JJ. JUDGMENT: RAVEENDRAN, J. This appeal by the accused is against the judgment dated 8.10.1999 of the Madras High Court in C.A. No.627 of 1992, convicting him under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (for short the Act ). By the said judgment, the High Court reversed the judgment dated 29.7.1991 passed by the Special Judge, Thanjavur District at Kumbakonam in Special Case No.2/1988 acquitting the accused. 2. The case of the prosecution was as follows : 2.1) The appellant was working as the Executive Officer of Sri Swarnathaneswar Temple, Chithaimoor, Tamil Nadu from September, 1985. 2.2) That one Shivashanmugam (PW-1) was in occupation of six cents of temple land (situated behind his house). PW-1 approached the appellant in June, 1987 for securing a patta in his favour in respect of the said land. The appellant told him to apply to the concerned authorities, namely, the Deputy Commissioner and the Assistant Commissioner (Endowments) and that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lained that PW-1 had paid the amount as due by Thyagarajan (PW-6) to the temple by way of lease arrears. Mahazar, sketch and search list were drawn up. 3. On behalf of the prosecution, 13 witnesses were examined in Ex. P-1 to P-21 marked, apart from MO 1 to 3. On behalf of the defence, DW-1 and DW-2 were examined and Ex. D-1 to D-10 were exhibited. 4. The case of the defence was as follows : 4.1) On 10.7.1987, PW-1 came along with PW-2 and stated that one Thyagarajan (PW-6) who was due in lease amount to the temple, had requested him (PW-1) to hand-over Rs.200 towards his lease rent arrears. The complainant received it and offered to give the receipt. But PW-1 told that Thyagarajan would himself come and collect the receipt the next day. He offered the said explanation when the Police Inspector sought his explanation immediately after the incident. 4.2) According to the appellant, the complaint by PW-1 and the subsequent trap was an act of vengeance by PW-1 (in connivance with PW-2 and PW-6) in view of their nurturing enmity towards him. First reason for the enmity was the dismissal of one Dhanapal, PW-1 s cousin, who was an employee of the temple and on account of certain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sent any lease rent through PW- 1, though he admitted that at that time he was in arrears of lease rent in a sum of Rs.200/- to Rs.500/-. Consequently, the High Court convicted the appellant under Section 5(1)(d) read with Section 5(2) of the Act. As the appellant alleged that he was already 67 years of age, and had retired nearly 9 years ago, that he had a daughter of marriageable age, that he did not own any property and was residing in a rented house and that he and his wife were not keeping good health, the High Court took a lenient view and awarded the sentence of imprisonment till the rising of the court and payment of Rs.1000/- as fine; and in default to undergo RI for one month. As the accused was present in court, he underwent the sentence also. The said conviction and sentence is challenged by the appellant in this appeal. 7. Mere receipt of Rs.200/- by the appellant from PW-1 on 10.7.1987 (admitted by the appellant) will not be sufficient to fasten guilt under Section 5(1)(a) or Section 5(1)(d) of the Act, in the absence of any evidence of demand and acceptance of the amount as illegal gratification. If the amount had been paid as lease rent arrears due to the templ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that a trap was arranged, the currency notes were chemically treated, that PW-1 delivered the chemically treated currency notes (Rs.200/-) to the appellant in the presence of PW-2, that the appellant received the said amount, that the same was recovered by the raiding party from the appellant, and that the appellant s hands turned pink when dipped in the chemical solution. The above evidence no doubt proves that a sum of Rs.200/- was paid by PW-1 to the appellant. But the crucial question is whether the appellant had demanded the said amount as illegal gratification to show any official favour to PW-1 and whether the said amount was paid by PW-1 and received by the appellant as consideration for showing such official favour. The evidence clearly shows the contrary as will be evident from the following : (a) One Dhanapal, cousin of the complainant - PW-1, was dismissed from service of the temple on 16.1.1986 by an order of dismissal (Ex. D7) issued by the appellant in his capacity as Executive Officer of the temple, for misconduct, on action initiated by the appellant. This is established by documentary evidence as well as oral evidence of DW-2 (one of the trustees of the temple) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 and paid through PW-1), the High Court relying on the evidence of PW-1, PW-2 and PW-6 concluded that the payment was by way of illegal gratification. In particular, it relied on the denial by PW-6 that he had sent any amount through PW-1, against the appellant. But the mere denial by PW-6 that he had sent the money through PW-1 cannot be a ground to hold the appellant guilty. If PWs.1, 2 and 6 had hatched a conspiracy to involve the appellant in a criminal case, naturally PW-6 would deny having sent the amount through PW-1. The explanation given by the appellant immediately after the incident clearly explains all the circumstances and raises not only a reasonable but very serious doubt about the amount having been received by him as illegal gratification. 10. The evidence throws out a clear alternative that the accused was falsely implicated at the instance of PWs.1, 2 and 6. If two views were possible from the very same evidence, it cannot be said that the prosecution had proved beyond reasonable doubt that the appellant had received the sum of Rs. 200/- as illegal gratification. We are, therefore, of the considered view that the trial court was right in holding that the charg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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